Marginal note:Memorandum not required

33. Notwithstanding rule 25, a memorandum of cases, statutory provisions and other authorities is not required for an application.

Marginal note:Notice

34. A notice of motion and the supporting materials shall be served on the accused or prosecutor, as the case may be, in accordance with subsection 520(2) of the Code.

Marginal note:Order

• 35. (1) An order directing the terms on which an accused is to be released from custody on application under this Part may be in Form 3 of the schedule.

• (2) An order in Form 3 of the schedule is sufficient authority for a justice or the Clerk to execute the necessary undertaking or recognizance when satisfied that any condition precedent to the order has been met.

Marginal note:Manner of setting date and place

36. The Chief Justice may, from time to time, give directions respecting the manner of setting the date and place of trials.

Marginal note:Place of trial

• 37. (1) Unless the convenience of the parties and witnesses otherwise requires, a trial shall be held in the community

  • (a) at or nearest the place where the offence is alleged to have been committed; and

  • (b) in which there are adequate facilities available to house the court and jury and to conduct the trial.

• (2) Where there is a concern that the facilities at a proposed place of trial are not adequate, a judge may direct the Clerk or Sheriff to investigate the availability of adequate facilities and make a report in accordance with subrule (3).

• (3) The report of the Clerk or Sheriff shall

  • (a) contain a specific recommendation as to the feasibility of holding the trial at the community at or nearest the place where the offence is alleged to have been committed; and

  • (b) make a recommendation, if necessary, as to alternate places of trial.

• (4) The Clerk or Sheriff, as the case may be, shall provide the report to the judge, to the accused, or his or her counsel, and to the prosecutor.

• (5) Where the Clerk or Sheriff, as the case may be, recommends that the trial should not be held at the place where it would normally be held under subrule (1), a judge may entertain submissions from the accused and the prosecutor as to a suitable place for trial.

• (6) Nothing in this rule limits the discretion of the Court to determine the place of trial.

Marginal note:Application for change of venue

• 38. (1) An application for a change of venue of a trial shall be made by notice of motion in Form 1 of the schedule

  • (a) before the commencement of the trial; or

  • (b) in the case of a jury trial, not less than 21 days before the date scheduled for the selection of the jury for the trial.

• (2) An application may be heard by the trial judge or by any other judge.

• (3) An application must be supported by an affidavit of or on behalf of the applicant setting out with particularity the grounds relied on for the application and the proposed place of trial.